Archive for the tag 'ADR'

Project: Spirituality and Conflict Resolution

Over the past years, many of us have been impressed by the limitations of both institutional dispute resolution systems (i.e., courts) and their alternatives (i.e., arbitration and mediation).  At the same time, I’ve been increasingly drawn to examples found in certain societies whose shared spiritual beliefs have produced systems of dispute resolution that are consciously in tune with those beliefs.

I include in these systems the Hawai’ian practice of ho’oponopono, including pule (prayer) and mihi forgiveness); Philippine practices to end clan disputes engaging spiritual authority; traditional Chinese limitations on the prosecution of individual claims in keeping with Confucian concepts of fa and li; traditional Muslim teachings of Sulha to resolve conflicts among members of the community; civil resolution practices in certain Hindu societies; and direct mediation by elders in settings like the one described by a native of Burkina Faso.

So, this year, I am studying what I call, for want of a better term, conflict resolution processes that are “spiritually-infused.”  I intend to write a book collecting and analyzing them.  A panel on the topic will be held at the ABA Dispute Resolution Conference in Denver in April

I also intend to share some essays as the project goes on, both to contribute to those who share my interest and to garner critical response to make the study as rigorous and reliable as it can be.  Below please find the first such essay — an introduction, setting forth the scope and purpose of the effort. Read more »

New IBA Publication: Mediation Techniques

The International Bar Association has published this month an “e-book” on Mediation Techniques, edited by Patricia Barclay and including practical and pointed insights for professionals and end-users alike. Read more »

Business Courts and ADR

On Saturday of the ABA Annual Meeting a group of judges presented a panel on “ADR in the Business Courts: How Commercial Judges Encourage Settlement.”  Joining Vice Chancellor Don Parsons (Delaware), Judge Steven Platt (Maryland), Judge Ira Warshawsky (New York) and Judge Ben Tennille (North Carolina) were Bankruptcy Judge Elizabeth Stong (Eastern District of New York) and New Jersey attorney Robert Margulies, who was instrumental in framing the presumptive mediation program for the state courts of New Jersey. Read more »

A Judge Writes about “Problem-Solving Courts”

In preparation for next week’s Annual Meeting of the American Bar Association, I have been delighted to get to know a group of judges who will be offering a program on Saturday afternoon, August 7, on the use of ADR in Business Courts.  One of them, Judge Steven I Platt of Maryland, maintains an interesting blog to which he has recently contributed a thoughtful article on the “why” of dispute resolution in business courts. Read more »

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